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Can I apply for H1B and H4 EAD at the same time?

Can I apply for H1B and H4 EAD at the same time?

Yes, concurrently filing of the Change of Status from H1B visa to H4 and the EAD application is allowed. The H4 will not take effect until the change of status is actually approved.

When to apply for H4 EAD after travel?

Apply H4 EAD after entering US to get EAD approval within 3-6 months. No biometrics appointment required for standalone H4 EAD application. If you did travel outside USA while H4 COS was pending and now entered using your H4 visa, you should file a new H4 EAD application.

Can you travel out of country with a H4 Cos?

You can travel out of country while your standalone H4 EAD application is pending with USCIS. Note that H4 EAD can be denied if your H4 COS or an extension is also pending with EAD application. What is the Risk of travelling While EAD is pending? USCIS may send an RFE to ask for H4 status or request an updated H4 i94.

Can you get a RFE for a pending H4 EAD?

You may or may not receive approval for pending H4 EAD. Some people have received approval but for others, an RFE has been issued to prove H4 status. As per the official rule, the USCIS can (it varies) deny the H4 EAD application as you abandoned your H4 by traveling outside the US.

Can a USCIS deny a H4 EAD application?

As per the official rule, the USCIS can deny the H4 EAD application as you abandoned your H4 by traveling outside US. Your H4 extension will be automatically abandoned by USCIS if you travel while its pending. H4 extension is filed to get a new i94 when the person does not want to travel out of US.

Can you apply for H4 EAD while H1b is pending?

In this case, your current H4 EAD application may be pending while its time to file for H1B and H4 extension. In this case, you can file another H4 EAD application while your current one is still pending. You will need to choose the option 1.a. “Initial permission to accept employment” on form I-765 question 1:

Can you file for H4 Cos and then apply for H1B?

Yes, you can file for H4 COS withdrawal and then file for H1B transfer application. Make sure you send your H4 COS withdrawal letter by certified mail (preferably by USPS). Keep a scanned copy of the letter as well as the certified mail receipt.

Can a H-4 spouse apply for an EAD?

Unfortunately, you will not able to able take advantage of the H-4 EAD rule. If you were to change your status to H-1B, your spouse could change to H-4 and obtain an EAD. Otherwise, your spouse should work with his or her employer to start the green card process at the earliest.

What should I write on h4 EAD Form i765?

You should write the most recent H1B extension receipt number on the H4 EAD i765 form in question 29. This can be the pending and not yet approved H1B extension receipt number. This is NOT the I-140 approval receipt number. What i94 number should be written on form I-765?